High Court · 2025

5. Smt. Bathini Sarojana, W/o Late Narsaiah, Aged 59 years, Occ-Household, Fi/o H.No.33-4-259, Laxmipur, Thimmapur Haveli, Khilla Warangal N/andal, warangal District' ...RES'.NDENT' lntimation Letter in Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction one in the nature of Writ of lMandamus, declaring the Roc.No.E- 120865/GWMC/W.No.3liCir-lll2O24 dated 1611212024 issued by respondent No.3 thereby directing the petitioner to vacate the house constructed on Northern Part of Plot No.2, situated at Padmakshi Road, Besides Sri Vikas Junior College, Hanamkonda, Hanamkonda District, to remove the said deviated portions as per the sanctioned building permission within (15) days from the date of receipt of the said notice, inform the same to their office or else action will be initiated under Section 178, 180 and 18'1 of Telangana Municipalities Act, 2019, besides launching prosecution against the petitioner, as illegal, arbitrary, unjust, contrary to the provisions of GHIVIC Act, 1955' Articles 14' 21 and 300-A of Constitution of rndia in vioration of principles of naturar justice, without giving an opportunity of hearing so also withoul considering the reply daled 24110t2024 submitted by the petitioner and consequently set-aside the Proceedings in Roc'No E- 120865/GWMC/VV'No.31/Cir-|lt2o24daledl6tl2t2o24issueclby3rdrespondent, in the interest of justice ' oF 2024 IA NO :1 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition' the High Court may be pleased to suspend the operation of the lntimation Letter in Roc No E- 120B65iGWMC/W.No..3,1/Cir-|lt2o24daledl6tl2l2o24issuedbyrespondent No.3 during the pendenr;y of the Writ Petition in the interest of justice' Counsel for the Petitioner: SRI C'KUMAR Counsel for the Respondent No'1: GP FOR MCPLADMN & URBAN DEV Counsel for the Respona"ni llot'Z TO 4: SRI PASHAM MOHTH' SC FOR GWMC Counsel for the ResPondent No'5: -- The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN UIRIT PETITION Nos.36585 of 2024 ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No. 1 and Sri Pasham Mohith, learned Standing Counsel appearing for respondent Nos.2 to 4. In compliance with the order, dated 27.L2.2O24, learned counsel for the petitioner has fi.led proof of service in respect of respondent No.5 vide U.S.R.No.6548 of 2025, dated 23.01.2025. Despite service of notice there is no representation on behalf of respondent No.S. Perused the record.

2. Petitioner is claiming that he is the absolute owner and possessor of land admeasuring 145.50 Sq.yds, Northside of plot No.2 situated at Padmakshi Road, besides Sri Vikas Junior College, Hanmakonda, within respondent No.2-Municipality. Respondent No.S has filed KL,J w.P i.io365a5 of 2024 2 a suit vide o.S.No.1196 of 2O2l agatnst the petitioner and two ol-tLers seeking declaration ald recovery of possession with regard to the suit schedule propertSr therein. She has filed interlocutory application seeking interim injunction and the sarne was dismissed, In the meanwhile, otr the complaint lodged by respondent No.5, dated 30.09.2024, respondent No.3 issued the intimation letter, dated 16. 12 .2024 , directing the petitioner to vacate the premises iend remove the deviation portion as per the sanctioned building permission within fifteen (15) days. Challenging the said intimation letter, petitioner filed the present writ petition.

3. Vide order, dated 27.12.2024, this Court granted interim suspension of the said intimation letter,

16.12.2024.

4. Perusal of the said intimation letter, dated

16.12.2024 would revea-l that respondent No.3 has mentioned thr: complaint, dated 3O.O9.2OIZ4, submitted KL.J w_P.Nd65a5 0f 2024 ) by respondent No.5 alleging that the petitioner had obtained building permission by showing the road i.e., north 30 feet wide road and south 80 feet existing road. But, on the ground, hd is not maintained the road width and not maintained setbacks. He has constructed the building in deviation to the sanctioned plan. But, he has not inspected the site to ascertain as to the correctness of the allegation made by respondent No.5. Without inspecting the site, he cannot issue the "show cause notice and the intimation letter, dated 16.12.2024.

5. As discussed supra, the suit frled by respondent No.5 is pending and the interlocutory application frled by her was dismissed. Though the petitioner specifically stated the said facts in his reply, dated 24.tO.2024, there is no consideration of the same by respondent No.3 in the impugned intimation letter, dated 16. L2.2O24. However, respondent No.3 cannot direct the petitioner to vacate the premrses. KL,J lV P No36585 of 2024 4

6. In the ti,ght of the said discussion, the impugned intimation letter, dated 16.12.2024 is liable to be set aside and accordingly is set aside. Liberty is granted to respondent Nrr.3 to consider the representation. dated 3O.O9.2O24, of respondent No.5, inspect the site and if the allegations; made by respondent No.5 are found to be true, he shall initiate fresh action against the petitioner strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2Ol9 by putting the petitioner and respondent No.5 on notice and affording them an opportunity of hearing. However, he shall complete the said exercise within a period of four (4) weeks from the date of receipt of a copy of this orrier. He shall also consrider the reply, dated 24.1O.2024 submitted by the petil-ioner, suit filed by respondent No.5 in O.S.No.1196 of 2O2l and dismissal of the interlocutory application in the said suit.

7. Accordingly, this Writ Petition is disposed of. There shall be no oriier as to costs. KL.J W.P-No36585 of 2024 5 I i As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. i/TRUE COPY// SD/-A.V.S.PRASAD ASSISTANT REGISTRAR S TION OFFIGER Princioal Secretanrl, Ivlunicipal Administratlon-and Urban Development bdijrfi."nt,-s"cr6iarlat, Hvderabad, State of Telangana' fi5fi;;i!.i"""r,br"rt"i waringbi Municipal coiporation' waranga.l' The Deputy Commissioner Ci"rt"iW"ringai Municipal Corporation' Kazipet Circte-ii, Warangal, Hanamkonda District' iti"'nisiit*idity ijrunn"t"iown Fiinning section' Greater warangal ri,ir""idioJEorp"iition, ralipet Circle No-l l-,tlanamkonda District' one cb to sFil C.KUMAR, Advocate [oPUUl iffi 6d"t-c'p FcrR MCii;bMN a'unenN DEV, Hish Court for the State oifelanqana, at HYderabad' [OUT] 6";"cct' Sft r i'I'sl-n rr,t rrlto H i r u,' sc FoR GW Mc [o PU c] Two CD CoPies To 1 2 3 4 5 t) 7 B PSK. GJP HIGH COURT DATED:2410112.025 ORDER WP.No.36585 of 2024 R 1rlE i,{ F o e ) c r) L,, 18 Fiir 2025 ic) ( \--_ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ )n